After Paul Smith was forced to resign last month as Jefferson Parish's Fire Department director, he was left with a difficult choice: Leave quietly, or sue to regain his job in Parish President John Young's administration, where it was clear he wasn't welcome.

Paul Smith

"A very hard decision to make," Smith said. "I just felt it was a wrongful termination."

So he sued Young in federal court.

After demanding resignation letters in October from all at-will parish employees, Young accepted Smith's on Feb. 4. Smith's lawsuit, filed March 1, is the first litigious objection against Young's pursuit of sweeping changes to the administration hierarchy he inherited from his predecessors, Aaron Broussard and Steve Theriot.

Since taking office Oct. 13, Young has replaced more than a dozen top-level directors and officials, including Smith. In his stead, Young hired Joe Greco, a retired deputy chief with the East Bank Consolidated Fire Department.

"Young gave Smith no explanation for the termination," the lawsuit states. "Smith was terminated without notice and an opportunity to be heard, and for no stated case."

Smith's lawsuit argues that he wasn't granted due process as a civil service employee, a status that lies at the crux of his argument.

Parish Attorney Deborah Foshee said the administration hired private attorney Tommy Anzelmo on Thursday to represent Young and the parish. She wouldn't comment further because of the litigation.

While Smith ascertains he performed the duties of a fire chief, which is a recognized civil service position by state law, Young's administration has a starkly different view. To the administration, he was a Fire Department director, a position with duties beyond those of a fire chief and defined as a political appointment.

According to parish law, the Parish Council changed the position's title from "superintendent of fire" to "director of fire" in February 2006, three years before Smith was hired in April 2009.

State law gives public employees in the civil service system a stronger grip on their positions by stating that, after a certain time working, they have a "property interest" in their jobs. It's legally similar to comparing a public job with owning real estate, and it increases the steps officials must take to fire those types of employees.

Smith has appealed to the Jefferson Parish's Fire Civil Service Board to determine his former official status. He said his first hearing is scheduled for Monday.

However, the Parish Council's appointment to the three-member board is vacant, Robein said. Although this doesn't preclude the other two members from ruling, a deadlock could stop Smith's ability to appeal, he said.

"What I anticipate is the board is going to punt," Robein said, meaning that either a ruling on Smith's federal lawsuit will answer his civil service issue or someone will have to sue the parish in state court to find some clarification.

Smith's case has been assigned to Judge Ginger Berrigan, Robein said. She was nominated to the federal bench in 1993 by President Bill Clinton.

Through the lawsuit, Smith is asking to be reinstated and paid for wages lost due to his firing. If he cannot rejoin the department, he is asking for front pay, which Robein said is typically three to seven years' worth of annual salary. He's also asking that the parish cover his attorney's fees, compensate him for "mental distress" and endure punitive damages. No monetary value was attached to any of these in the court filings.

Should he win his job back, Smith said he understands the awkward position of working for a parish president who fired him once already. But he didn't hesitate when asked whether he is willing to resume his old duties.